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Synopsis of the Jugement of the Honourable Judge Thomson
Ontario Court (General Division)Judge Thomson found for the Plaintiffs in the amount claimed less $15.00 Canadian and awarded costs plus interest.
In her lenghtly comments following her judgement, Judge Thomson lavished praise on the legal skills of Mr. O'Brien and commented that she considered the Shuttleworths to be off the planet. She went on to say that in her opinion the Shuttleworths would not have experienced the difficulties they have if they had retained Mr. O'Brien's services.
Judge Thomson gave no reasons for her opinion, valuing Mr. O'Brien's services over the services of the reputable counsel the Shuttleworths retained when Mr. O'Brien withdrew his services.
Judge Thomson commented that the claim by the Shuttleworths that TGA and Son had invoiced for work that had not been done and had threatened the sale at public auction of the Shuttleworth's goods held by TGA on behalf of Commercial Union, did not amount to fraud and extortion.
This is one of the matters in the Shuttleworths' claim against Commercial Union
Court File No. 96-CU-113885
ONTARIO COURT (GENERAL DIVISION)
that is still before a court other than Judge Thomson's.
Judge Thomson made no comment on whether Mr. O'Brien did or should have concerned himself with the standard of Utmost Good Faith which should govern the relationship between an insurer and their insured, an issue raised by the defendants.
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